A UK spouse visa, aka a Marriage Visa or partner visa, is one of the ways to enter the country. It unites non-UK citizens with their UK spouses. You can use this visa to join your spouse in the country regardless of whether they are a British citizen, a UK refugee, or a settled person. Here are some details regarding this visa and the application requirements.
How Does a UK Partner Visa Work?
The UK spouse visa is a settlement route that permits one to join their British partner in the country for up to 30 months. After that, it can be renewed for an additional 30 months, provided you still meet the visa requirements.
Furthermore, a visa entitles holders to seek Indefinite Leave to Remain (ILR) and, ultimately, British citizenship. Your British citizen partner can send the leave to remain application paperwork on your behalf.
A UK partner visa gives you the same employment rights as all British citizens. Nonetheless, most benefits, such as housing assistance, public subsidies, and tax credits, will not be available to you.
Who is eligible for a UK Spouse Visa?
You may submit a UK spouse visa application if:
- You are aged 18 or older.
- You are married or participating in a UK-recognised civil union.
- You are married to a resident of the UK or a British national.
- You’ve been in a relationship for the past two years and can vouch for it.
- You are either engaged or have a fiancé visa and plan to wed within six months of arriving in the UK.
What are the prerequisites for a UK Spouse Visa?
Before submitting a UK spouse visa application, check that you:
- Have all of the necessary documentation.
- Pass the ‘Genuine Relationship Test.’
- Satisfy the financial and minimum income requirements.
- Demonstrate English language proficiency.
- Have suitable accommodation for your spouse and any children.
- You are willing to submit biometrics data to obtain leave to remain
Depending on where you originate, you may have to pass medical tests to demonstrate that you don’t have tuberculosis.
How does the “Genuine Relationship Test” work?
To ascertain the genuineness of your relationship is genuine, the home office may require evidence such as:
- A shared mortgage or lease, whether it is in the UK or elsewhere
- Show proof of any kids you have together, like a birth certificate.
- Photographs demonstrating your relationship and frequent interaction with
- A joint checking or savings account
- Chat logs from social networking sites or text messages
- Travel records demonstrate that you met at least once before the marriage.
- Documents demonstrating your intent to cohabitate in the UK.
What are the financial prerequisites for a UK Spouse Visa?
The UK spouse visa financial requirements is a way of demonstrating your ability to meet your financial needs as a family. You’ll have to provide evidence that you and your spouse can financially support yourselves and any dependent children without the government’s help. Usually, the UK spouse, i.e., the sponsor, must have a minimum income of £18,600 for childless couples and £22,400 for couples with a single child. Any other additional child will require an extra £2,400/child. These income limits include taxes.
What types of income count towards UK spouse visa applications?
The UK partner may utilise any of the following to satisfy the minimum income requirement:
- Savings above £16,000
- Earnings from work, whether salaried or self-employment
- Payment from adoption, maternity, paternity, or sick leave.
- Other sources of income, such as rent or share dividends
Can I contribute my income?
UK nationals’ spouses and partners may utilise their savings to meet the minimum income requirement for a UK spouse visa application. In some cases, earnings such as salaries may be used, especially if you are currently employed in the UK.
Additionally, you can use a combination of earnings and savings to reach the required minimum income level. But you’ll need to demonstrate that you have sufficient financial support for the duration of the permit.
To determine how much, you’ll need to contribute in savings, deduct any other qualifying income from your minimal requirement. Next, multiply by 2.5 and add 16,000.
What if I don’t satisfy the financial requirement?
If you don’t have enough funds to meet the financial requirements for a UK spouse visa, talk to an immigration lawyer, as there are always exceptions that they can help you take advantage of.
Do benefits and income count?
Yes, benefits and income count. These include:
- Attendance Allowance
- Carer’s Allowance
- Personal Independence Payment
- Disability Living Allowance
- Work-related Injuries and Disablement Benefits
- The Armed Forces Independence Payment (AFIP)
- Guaranteed Income Payment from the Armed Forces Compensation Scheme
- Police Injury Pension
However, you must demonstrate that you have the funds to care for your dependents. The precise amount you require is referred to as “adequate maintenance,” and it will vary depending on your unique situation. Typically, you’ll require at least £120 per week after paying for housing. This figure will rise if you have children.
What does the English Language Test entail?
Applicants other than the ones listed below will need to pass an English language test.
- Applicants from a country where English is an official language
- Applicants over age 65 or under age 18
- Applicants with long-term mental or physical conditions
- Applicants with degrees in English-taught or researched disciplines, the qualification must be verified by UK NARIC.
The test assesses English-speaking and listening skills. It must be taken through an authorised Secure English Language Testing Provider and will remain valid for 24 months. You can take the test through the IELTS Consortium or Trinity College London.
What are the accommodation requirements for a UK Spouse Visa?
The Home Office requires a description of the listed accommodation, its location, and verification that the couple has the financial resources to pay for it.
A property must have enough rooms for each individual to be eligible. However,
- Couples are permitted to share a bedroom.
- The number of bedrooms can include living rooms.
- Babies under age one can live in the couple’s bedroom, while two children under age 10 can share a room.
What documents are needed for a UK marriage visa application?
To increase the chances of a successful UK spouse visa application, you will need the following documents:
- Your original marriage or civil partnership certificate.
- Document vouching that you’ve been together for two years
- A genuine passport
- A certificate showing you passed the English language test.
- Proof of UK accommodation
- Documents ascertaining the genuineness of the relationship
- Income statements showing you meet the minimum financial requirement.
- Evidence showing you are married to a UK-based person or British citizen. UK citizens can present their passport copy
Documents not in English must be backed by a certified translation. Also, all documents must follow specific format requirements set by the Home Office.
What is the cost of a UK spouse visa application?
Currently, the cost of a UK spouse visa application is £1,523 for applications from overseas and £1,033 for applications made within the country. Of course, the costs increase if dependents are in the mix.
Additional costs related to UK spouse visa applications include:
- Document translation fees for those that aren’t in English or Welsh
- English Test fee
- The Home Office’s Priority Premium Service fee if you want an expedited reply from the UKVI
Depending on where you apply from and the documents you provide, a UK spouse visa can take 2-12 weeks. If your UK spouse visa application is approved, you will have 30 days to enter the United Kingdom and another 10 days to obtain a biometric residence permit. You can apply to extend the 30-day entry timeframe if it’s too short for you, but it will cost you extra.
You can always appeal if your application for a UK spouse visa is denied. However, it’s best to have an immigration advisor on your side as this is a complicated and often drawn-out process. That said, all UK visa application processes could be helped with the guidance of an experienced immigration lawyer to increase the chances of a successful application. Contact us for help regarding your UK spouse visa application, and we’ll be glad to help.